Collection Agencies - offer to a collection company - Canada

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RE: offer to a collection company

Postby TJ.brooks » Thu Aug 22, 2013 08:46:32 PM

Exactly
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RE: offer to a collection company

Postby zacksdad2012 » Thu Aug 22, 2013 08:18:36 PM

Ok i understand now. So as long they are getting payments made they would just keep things the same and still bother the person but only sue if and when the payments stopped.
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RE: offer to a collection company

Postby janis_fransices » Thu Aug 22, 2013 11:15:12 AM

thanks very much took some groceries over to her and she plain to keep her word and then when the card paid off it will be cut up and sent back and cancelled She was telling me her credit union has a card that works like a credit card but it is actually called a credit debt card It is hooked up to your bank account it works like a credit card but there is no limit The limit is what ever you have in your account But if you want to book air line tickets or rent a card it gives you the same benefits of a master card So she is going to get that when she returns to work
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RE: offer to a collection company

Postby TJ.brooks » Thu Aug 22, 2013 10:18:59 AM

If it went to court it is very possible the payments would be lower. He would determine that by her ability to pay...and probably freeze any interest.
They more then likely would not sue as long as she keeps her word to repay at a set amount.
The reason they would sue is to have a judgment in hand to fall back on should she not meet her obligations.
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RE: offer to a collection company

Postby janis_fransices » Thu Aug 22, 2013 10:06:18 AM

I now see what you mean and so she needs to have the credit card company send her a document that says for the next 3 months we will accept your 40 and then after that you are responsible for the proper payment amount
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RE: offer to a collection company

Postby zacksdad2012 » Thu Aug 22, 2013 10:05:00 AM

Just curious, if it did go to court when the judge finds out out that the person is trying to pay would the judge then order the payments the same or lower ? Then they would have to wait even longer to get their money ,why sue then?
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RE: offer to a collection company

Postby TJ.brooks » Thu Aug 22, 2013 05:46:28 AM

It is required by law that a Plaintiff does what they can to mitigate damages.
So by cashing the money order they are doing just that...can they still sue...yes.
A judge may find they agreed to a payment plan verbally, he may also find they were minimizing their damages.
This agreement should have been in writing.
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RE: offer to a collection company

Postby TJ.brooks » Thu Aug 22, 2013 05:30:23 AM

You make no mention that they accepted her offer.
If they in fact cash the money order they would have a difficult time suing.
But that was not your question.
You asked can they keep calling, answer is yes to have balance paid off quicker.
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RE: offer to a collection company

Postby janis_fransices » Thu Aug 22, 2013 05:26:37 AM

I am confused I thought as long as she is making a regular payment they wouldn't be able to sue her And she already told them once she is back at work she would up the payment So how can they sue her
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RE: offer to a collection company

Postby TJ.brooks » Wed Aug 21, 2013 08:15:07 PM

Yes
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